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Home My WebLink About00 CC AGENDA 10-04-11CITY OF TUSTIN OCTOBER 4, 2011 JOINT REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL, REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN AGENCY AND TUSTIN HOUSING AUTHORITY John Nielsen, Mayor Pro Tem William A. Huston, Interim City Manager Deborah Gavello, Councilmember David E. Kendig, City Attorney Rebecca “Beckie” Gomez, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk Al Murray, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER – Meeting #2272 ATTENDANCE PUBLIC INPUT – Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: A. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] – Two Cases B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] – Two Cases C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] ? Property Address/Description: 2472 Walnut Avenue APN: 432-491-34, Crossroad Church Agency: City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager; David E. Kendig, City Attorney Negotiating Parties Crossroad Church, represented by Josh Beneda, Trustee Under Negotiation: Price and terms of payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk’s office located at 300 Centennial Way, Tustin, CA during normal business hours. ? Property Address/Description: 2345 Barranca Pkwy, APN: 434-021-22, Army Reserve Center Agency: City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager and David E. Kendig, City Attorney Negotiating Parties: United States Government acting through the Department of the Army, represented by Stan Wallin and Jeremy Hollis of the Army Corps of Engineers; and Vestar/Kimco Tustin, L.P., represented by Allan Kasen. Under Negotiation: Price and terms of payment E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] ? Property Address/Description: 1180 N. Miller Street, Anaheim Agency: City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager, and David E. Kendig, City Attorney Negotiating Parties: Rickey Warner, Senior Vice President CB Richard Ellis, Anaheim office; United States Government acting through the Department of the Army, represented by Stan Wallin and Jeremy Hollis of the Army Corps of Engineers; and Vestar/Kimco Tustin, L.P., represented by Allan Kasen. Under Negotiation: Price and terms of payment F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] ? Property Address/Description: 4 Liberty, Aliso Viejo. CA Agency: City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager, and David E. Kendig, City Attorney Negotiating Parties: Larry Schuler, First Vice President, Industrial Properties, CB Richard Ellis, Newport Beach Office; United States Government acting through the Department of the Army, represented by Stan Wallin and Jeremy Hollis of the Army Corps of Engineers; and Vestar/Kimco Tustin, L.P., represented by Allan Kasen. Under Negotiation: Price and terms of payment G. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Govt. Code § 54956.9(a)] – Three cases ? Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court City Council/Redevelopment Agency/Tustin Housing Authority October 4, 2011 Meeting Agenda Page 2 of 6 ? City of Tustin v. Tustin Unified School District et al., Case No. 30-2011- 501073; Orange County Superior Court ? SEMA Construction, Inc. v. City of Tustin, OCSC Case No. 00101147 JOINT CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY MEETING 7:00 P.M. CALL TO ORDER – Meeting #2272 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney David E. Kendig PRESENTATIONS ? Recognition of Walt Sullens for service on Audit Commission ? Fire Prevention Week (Battalion Chief Greg McKeown, Orange County Fire Authority) ? Orange County Vector Control ORAL COMMUNICATION/PUBLIC INPUT – At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 1) 1. MCAS TUSTIN SPECIFIC PLAN On February 3, 2003, the Tustin City Council adopted the MCAS Tustin Specific Plan to establish development regulations and procedures for reuse of the former Marine Corps Air Station (MCAS) Tustin (Tustin Legacy). The South Orange County Community College District ("SOCCCD") and County City Council/Redevelopment Agency/Tustin Housing Authority October 4, 2011 Meeting Agenda Page 3 of 6 of Orange ("County") have indicated an interest in pursuing a land exchange between the two agencies at Tustin Legacy. To support the proposed land exchange, the City of Tustin has prepared the proposed Specific Plan Amendment to implement minor text changes to clarify existing regulations. The proposed Amendment would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. Recommendation: 1. That the Tustin City Council introduce and have first reading of Ordinance No. 1406, approving Specific Plan Amendment (SPA) 11-003, implementing minor text amendments of the MCAS Tustin Specific Plan (Attachment A). 2. Authorize the City Manager or his designee to execute and implement future City of Tustin actions to support implementation of a land exchange between the South Orange County Community College District and County of Orange, including but not limited to the City implementation actions described in this report. ORDINANCE NO. 1406 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 11- 003, IMPLEMENTING MINOR TEXT AMENDMENTS TO THE MCAS TUSTIN SPECIFIC PLAN. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the City Clerk. (Agenda Items 2 through 8) 2. APPROVAL OF MINUTES – REGULAR MEETING OF JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY HELD ON SEPTEMBER 20, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council, Redevelopment Agency and Tustin Housing Authority held on September 20, 2011 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Payroll in the amount of $667,151.83 and Demands in the amount of $3,884,871.68. City Council/Redevelopment Agency/Tustin Housing Authority October 4, 2011 Meeting Agenda Page 4 of 6 4. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides on a monthly basis an update of redevelopment related projects. Recommendation: Receive and file. 5. EXPERT PANEL RECOMMENDATIONS – THREE MOST QUALIFIED DEVELOPMENT ENTITIES TO MOVE FORWARD IN THE DEVELOPER SELECTION PROCESS FOR DISPOSITION PACKAGE 1B AT TUSTIN LEGACY The City Council's confirmation is requested of the three development entities determined most qualified by the City-selected Expert Panel for Tustin Legacy Disposition Package 1B, an approximate 52 acre for-sale residential development site. Recommendation: That the City Council confirm the top three most qualified development entities for Tustin Legacy Disposition Package 1B, identified herein as recommended by the Expert Panel for this Disposition Package, and authorize staff to move forward with Step 2, including the solicitation of specific proposals from each development entity. 6. APPROVAL OF PRE-QUALIFIED GENERAL CONTRACTORS FOR CONSTRUCTION OF THE TUSTIN RANCH ROAD, VALENCIA AVENUE, PARK AVENUE, AND LEGACY ROAD PH. 2 ROADWAY IMPROVEMENTS CONSTRUCTION PROJECT CIP NOS. 70100, 70204, 70206, 70214, & 70215 The general contractors for construction of Tustin Ranch Road, Valencia Avenue, Park Avenue, and Legacy Road Ph. 2 Roadway Improvements Construction Project (CIP No.'s 70100, 70204, 70206, 70214, & 70215) have been pre-qualified and are ready to be approved as eligible to bid the project. Recommendation: That the City Council and the Tustin Community Redevelopment Agency (Agency) approve the eligible pre-qualified general contractors as identified to bid the construction of the Tustin Ranch Road, Valencia Avenue, Park Avenue, and Legacy Road Ph. 2 Roadway Improvements Construction Project (CIP No.'s 70100, 70204, 70206, 70214, & 70215). 7. APPROVAL OF PRE-QUALIFIED GENERAL CONTRACTORS FOR CONSTRUCTION OF THE TUSTIN FIRE STATION #37 PROJECT The general contractors for construction of Tustin Fire Station #37 have been pre-qualified and are ready to be approved as eligible to bid the project. Recommendation: That the City Council approve the eligible pre-qualified general contractors as identified to bid the construction of the Tustin Fire Station #37 Project. City Council/Redevelopment Agency/Tustin Housing Authority October 4, 2011 Meeting Agenda Page 5 of 6 8. COOPERATIVE AGREEMENT WITH COMMUNITY SENIORSERV FOR THE NUTRITION TRANSPORTATION PROGRAM AT THE TUSTIN AREA SENIOR CENTER By entering into the attached Cooperative Agreement with Community SeniorServ (CSS), the City will secure funding that will subsidize the nutrition transportation program at the Tustin Area Senior Center. This is a different transportation program than the OCTA Senior Mobility Program for which City Council recently approved an Agreement. Recommendation: That the City Council execute the attached Cooperative Agreement between Community SeniorServ and the City of Tustin, which provides partial funding for the transportation of Tustin Area Senior Center participants enrolled in the lunchtime nutrition program. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 9 through 12) 9. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 10. CITY MANAGER RECRUITMENT The City Manager Recruitment Committee will provide an update on the status of the City Manager recruitment. 11. CITY COUNCIL STIPENDS AND BENEFITS Mayor Amante requested that City Council stipends and benefits be agendized for discussion. 12. CITY COUNCIL GIFTS AND GRATUITIES Mayor Amante requested that City Council gifts and gratuities be agendized for discussion. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT – The next regular meeting is scheduled for Tuesday, October 18, 2011 at 5:30 for Closed Session Meeting followed by the Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Redevelopment Agency/Tustin Housing Authority October 4, 2011 Meeting Agenda Page 6 of 6